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N.K.Assumi (Advocate)     20 February 2009

Sovereign Immunity in Criminal Case?

If polie seized the property of the citizen on suspicious circumstances, but the seized property was never forwarded to the Magistrate as mandate by the CrPc, and if the seized property was lost, can there be Sovereign Immunity in favor of the Police?


 4 Replies

PALNITKAR V.V. (Lawyer)     20 February 2009

If the loss can not be attributed due to negligence or deliberate act, then perhaps no  action can succeed.

N.K.Assumi (Advocate)     20 February 2009

Consider this? A seized property is lost from police malkhana, can the police officer file a case of theft, which means police investigation into police ivestigation?

N.K.Assumi (Advocate)     21 February 2009

Police action is Sovereign action or not, if yes does the police enjoy Sovereign Immunity from criminal liability?

Sudhir Kumar, Advocate (Advocate)     02 December 2011

Police can certainly make complaint for theft of malkhana prioperty.  Soverieng immunity can be defenc ein civil suit under tort.  However no such defence is available to the policeman if criminally charged or if departmentaly charged for negligence of misappropriatation. Under RTI the necessary documetns can be taken and identity of ascetained as to who lost theproperty and thesaid policeman can be sued. Yes the sovereing immunity is available to the state to avoid vicarioius liability i tort and no such defence is available to individual defender.  If willbe happy if someone could cite material if having contrary view and add to my knowledge.

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